Decision No. 46/2008/QD-BYT stipulates the functions, tasks, powers, and organizational structure of the Personnel Organization Department under the Ministry of Health.

Pursuant to …;

Regulations on functions, tasks, powers and organizational structure

of the Personnel Organization Department under the Ministry of Health

____________________

THE MINISTER OF HEALTH

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Personnel Organization Department - Ministry of Health.

DECISION:

Article 1. Position and Functions

The Personnel Organization Department is a comprehensive department under the Ministry of Health, with the function of advising and synthesizing to assist the Minister of Health in state management in the field of organizational structure of the health sector; staffing, and management of civil servants, public officials, employees, and workers in the health sector in accordance with the law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Advising the Minister regarding the organizational structure of the health sector

a) Building and proposing models for the organizational system of the health sector from central to local levels in line with approved development plans. Building overall restructuring proposals for public service units within the health sector to be submitted to competent authorities for approval;

b) Building, amending, and supplementing the functions, tasks, powers, and organizational structures of the Ministry of Health and those of Departments, Bureaus, the Office of the Ministry, the Inspectorate, and General Departments under the Ministry of Health, to be submitted to competent authorities for issuance;

c) Building, amending, and supplementing guiding documents on the functions, tasks, powers, and organizational structures of provincial health departments to be submitted to competent authorities for issuance;

d) Building, amending, and supplementing regulations on conditions, standards, procedures for establishing, merging, reorganizing, and dissolving public service units in the health sector in accordance with the law, to be submitted to the Minister of Health for issuance;

đ) Building, amending, and supplementing regulations on ranking public service units in the health sector. Guiding the implementation and monitoring the application of ranking criteria for public service units. Serving as the focal point for collecting ranking files, submitting them to the Appraisal Council and the Minister for ranking decisions on public service units directly under the Ministry of Health;

e) Building proposals to be submitted to competent authorities for approval on establishing new, merging, and dissolving Departments, Bureaus, and equivalent organizations, and public service organizations serving state management and public service units directly under the Ministry of Health;

g) Building, amending, and supplementing regulations on delegation, decentralization, and implementation of autonomy in tasks, powers, organizational structures, and staffing for public service units directly under the Ministry of Health, to be submitted to the Minister of Health for issuance;

h) Leading the appraisal and submitting to the Minister for decision-making on the establishment, reorganization, and dissolution of offices under Departments, Bureaus, the Office of the Ministry, the Inspectorate, and other state public service organizations within the Minister's authority in accordance with the law;

i) Leading the appraisal and submitting to the Minister for regulations on the functions, tasks, powers, and organizational structures of public service units directly under the Ministry, approving the Charter of organization and operation of state-owned companies directly under the Ministry of Health; approving privatization schemes and converting state-owned companies into joint-stock companies;

k) Leading the appraisal and submitting to the Minister for approval of proposals for transformation and improvement of organizational structures of public service units directly under the Ministry when implementing self-management and self-responsibility for tasks, organizational structures, staffing, and finance in accordance with the law;

l) Assisting the Minister in state management over professional associations and non-governmental organizations in the field of healthcare and people's health protection in accordance with the law.

2. Advising the Minister on the management of civil servants, public officials, and employees in the health sector.

a) Managing the health sector's specialized employee ranks nationwide.

- Leading and coordinating with relevant agencies to build and submit to competent authorities for issuance the staffing norms for public health services in public health facilities;

- Leading the construction or amendment and supplementation of professional standards for positions, specialized employee ranks, and the structure of specialized health sector employee ranks, to be submitted to the Minister for issuance after review by the Ministry of Home Affairs; organizing training and capacity building for health sector public officials and employees according to the issued professional standards for specialized employee ranks based on the division of authority;

- Leading the construction or amendment and supplementation of regulations on recruitment content and form, promotion exams, and evaluation rules for specialized employee ranks in the health sector according to the division of management, to be submitted to the Minister of Health for issuance;

- Building, amending, and supplementing policies including salary policies, allowances, and special policies for civil servants, public officials, and workers in the health sector to be submitted to competent authorities for issuance;

- Organizing promotion exams for specialized employee ranks in the health sector from the rank of Doctor, Pharmacist, and equivalent to the rank of Senior Doctor, Senior Pharmacist, and equivalent; leading and coordinating with the Ministry of Home Affairs to organize promotion exams for specialized employee ranks from the rank of Senior Doctor, Senior Pharmacist to the rank of Senior Doctor (High Level), Senior Pharmacist (High Level);

- Leading the construction, amendment, and supplementation of qualification standards for the positions of Director and Deputy Director of Provincial Health Departments, to be submitted to the Minister for issuance;

- Directing, inspecting, and supervising the enforcement of laws concerning specialized health sector public officials.

b) Managing civil servants, public officials, and employees directly under the Ministry of Health

- Leading the construction of annual administrative staffing plans of the Ministry of Health to be sent to the Ministry of Home Affairs for review, and submitted to competent authorities for approval;

- Appraising staffing plans and submitting to the Minister for decision on allocation and management of administrative staffing and public service staffing for organizations and public service units directly under the Ministry in accordance with the law.

- Leading the construction or amendment and supplementation of regulations, rules, and management procedures for civil servants, public officials, and employees under the Minister's management authority, to be submitted to the Minister for issuance and implementation, including: regulations on the division of management authority for civil servants and public officials; standards for leadership positions; regulations on appointment, reappointment, removal, rotation, and resignation of leaders; regulations on the authority and responsibility of heads of organizations and units under the Ministry.

d) Chair and compile, build, submit to the Minister for approval the planning of the cadre leadership and management team of organizations and units under the Ministry according to the分级授权和组织在获得批准后实施；

đ) Build plans and organize the implementation of annual training and capacity building programs for cadres, civil servants, and public officials within the Ministry's jurisdiction according to the professional standards of each civil servant and public official rank; handle procedures for dispatching cadres, civil servants, and public officials to work and study abroad according to the分级授权；

e) Organize the implementation of recruitment, management, utilization, appointment, dismissal, transfer, rotation, assignment, retirement, disciplinary actions, promotion, transfer of ranks, salary systems, social insurance systems, and other policies for cadres, civil servants, and public officials within the Ministry's分级授权范围，以及按照法律规定管理档案；

g) Organize guidance, inspection, and supervision of the implementation of laws and decisions of the Minister regarding the management and utilization of cadres, civil servants, and public officials in organizations and units under the Ministry；

3. Serve as the focal point assisting the Minister in administrative reform in the health sector；

a) Chair the development, revision, and supplementation of the comprehensive administrative reform plan of the Ministry of Health according to the goals and contents of the overall state administrative reform program, and organize its implementation after approval by the Minister；

b) Serve as the permanent representative for the advisory body on administrative reform of the Ministry of Health. Serve as the focal point for implementing state administrative reform in the organizational field of healthcare and improving the quality of the cadre, civil servant, and public official workforce in healthcare；

4. Coordinate with the Internal Political Security Committee to implement internal political security work for the Ministry of Health and subordinate public service units and state-owned enterprises；

5. Advise the Minister on directing political ideology education and medical ethics education for cadres, civil servants, and public officials throughout the healthcare sector；

6. Assist the Minister in regularly compiling, statistics, and reporting on organizational structure, staffing, quantity, quality, and composition of public officials in the healthcare sector according to legal provisions；

7. Implement training, capacity building, and enhancement of capabilities for cadres engaged in organizational affairs in subordinate public service units of the Ministry of Health；

8. Conduct scientific research on organizational affairs；

9. Perform other tasks assigned by the Minister of Health；

Article 3. Structure and Operation；

1. Leadership of the Department；

The Director and Deputy Directors of the Department are appointed and dismissed by the Minister of Health. The Director oversees all activities of the Department, is responsible to the Minister of Health and the law for all activities of the Department. Deputy Directors assist the Director in overseeing and directing certain aspects of work as assigned by the Director and are responsible to the Director and the law for the tasks assigned；

2. Professional Departments under the Department: established by the Minister of Health based on the functions, duties, and authorities granted to the Cadre and Civil Service Organization Department and the establishment proposal of the Cadre and Civil Service Organization Department；

3. Staffing；

The staffing of the Department is determined by the Minister of Health and adjusted annually based on work needs and proposals from the Director；

4. Operational Mechanism；

a) The Cadre and Civil Service Organization Department operates under a specialist system. Civil servants in the Department are responsible to the Department leadership for the tasks assigned；

b) The functions, duties, authorities, and relationships of departments under the Cadre and Civil Service Organization Department are defined by the Director based on the functions and duties granted by the Minister of Health；

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette；

Article 5. Responsibilities for Implementation

The Permanent Secretaries of the Ministry, the Inspector General of the Ministry, the Directors of Departments, the Heads of Bureaus, and the Heads of Units and individuals related shall be responsible for enforcing this Decision./.